Malawi: The Wider Angle

Lilongwe — The spate of violence sponsored by political parties in the country
has reached levels that can not be ignored any more.

Minister of Justice and Attorney General, Henry Phoya seems to have
discovered the vaccine that will eventually put to rest the
politically motivated violence that had alluded our democracy for so
long.

The vaccine is section 64 of the Penal Code which empowers him, as
Minister of Justice to declare unlawful, any society if its
objectives are among others, to wage war, kill or injure persons,
destroy property or promote subversion.

Section 64 of The Penal Code was last used on the Jehovah witnesses,
a Christian sect, by the Malawi Congress party (MCP) regime.

Henry Phoya, being a lawyer that he is, knows pretty well than some
of us know what the Republican Constitution says in section 32. The
Attorney General also knows which statue supersedes the other,
between the Penal Code and the Democratic Constitution of Malawi.

The Honourable' Minister obviously has not had sufficient spare time
to look at the Constitution closely, especially section 32, after
assuming his ministerial post. Ministers are supposed to be busy
people, they say.

If he has missed the import of the supreme law I am happy to explain,
hopefully in as simple a manner as possible just what this is all
about.

Section 32 of the Constitution of the Republic of Malawi entitles
every citizen the right to freedom of expression and of association
and that includes the right to form associations.

Before the minister therefore begins to ban any association which he
believes were created to wage war, kill or injure persons, destroy
property or promote subversion he needs to read up on ALL the
activities of ALL associations beginning with his own, the UDF. His
attention therefore is drawn to the following pertinent matters: (1)
UDF Young Democrats' assault on the president of the Malawi Congress
Party (MCP) President, Gwanda Chakuamba and his Treasurer General,
Hetherwick Ntaba in front of police officers at Kasungu police
station. No arrests made so far although perpetrators were well known
to even the police.

(2) UDF Young Democrats' assault on Chief Wimbe of Kasungu, because
he had told the president that there was hunger in Kasungu, and that
politicians would help if they, for once stop lying to the president
and tell him that there is hunger in the country. No arrests made so
far although perpetrators are well known.

(3) UDF Young Democrats' assault on UDF member of Parliament for
Kasungu North West, Bamani Zgambo. Zgambo was attacked because he
attended a meeting by the National Democratic Alliance. No arrests on
his known assailants were made.

(4) Attack on MCP member of parliament for Kasungu South East, Kizito
Ngwembe by UDF Young Democrats. He was beaten in the precinct of the
Kasungu Police Station. No arrests were made.

(5) In Kawale, Lilongwe, supporters of the Malawi Congress Party
burnt a UDF Iveco truck, registration BL 11, belonging to UDF and
used by the UDF Young Democrats and was used to disrupt opposition
party meetings. Arrests are yet to be made.

(6) In Chiradzulu, a landrover belonging to MCP was torched by UDF
Young Democrats during a by election meeting. No arrests were made
although the perpetrators are known.

(7) During the 2001/2 Budget Session of Parliament, a vehicle
belonging to a supporter of the National Democratic Alliance was
burnt within the Parliament premises in front of police officers.
Several vehicles belonging to NDA officials were sprayed with red
paint. Sheikh Mboma, an NDA sympathiser was also assaulted within the
precincts of Parliament. Despite photographs of the fracas which
identified the UDF Young Democrats being carried in the newspapers,
no arrests were made.

(8) Soon after the 1999 presidential and parliamentary elections,
alleged supporters of the Alliance for Democracy torched and razed
mosques in the Northern Region. No arrests have been made.

(9) Alleged Alliance for Democracy Young Democrats beat up UDF
followers in a by election campaign in Kasungu North Constituency. No
arrests have been made.

(10) At Mzuzu Hotel, Reverend Kalebe of the Church for Central
African Presbyterian was assaulted in a case of mistaken identity.
The assailants, UDF young democrats attacked him thinking that he was
Bishop Tengatenga, of the Anglican church. Apparently Bishop
Tengatenga delivered a sermon during the Independence celebrations
that upset some in the UDF as it rebuked political leaders for their
failure to put the interests of their subjects before their own. No
arrests were made despite police presence as well as senior members
of the UDF, the Speaker included.

(11) Sheikh Bughdad was assaulted by alleged UDF young democrats in
Liwonde.

He fled to Zambia, where he eventually died. No arrests were made
then or now.

(12) In Blantyre, MCP supporters beat to death an alleged UDF Young
Democrat who was in the company of other Young Democrats on a mission
to disrupt a political rally by the MCP. Some MCP supporters were
arrested. But the case is now silently gathering dust in the court's
archives.

(13) In Blantyre, at the High Court, supporters loyal to MCP
president Gwanda Chakuamba clashed with followers of his vice, John
Tembo. There was heavy police presence at the court, but no arrests
were made. (The two factions found themselves at the High Court
because MCP president, Gwanda Chakuamba is asking the court to commit
to prison, his vice on charges of contempt of court.) (14) During the
second hearing of the Chakuamba/Tembo case, supporters of the two
leaders descended on each other. Police arrested some of Chakuamba's
followers only.

(15) NDA leader, Brown Mpinganjira together with his followers were
ambushed at Bunda roadblock, with the help of the police, who told
them that a group of suspected National Intelligence Bureau officers,
who were in a car parked near the roadblock wanted to have a word
with them. NDA officials using another vehicle returned to Lilongwe
with the suspected NIB chasing them.

The NDA officials sought refugee at regional police headquarters but
the suspected NIB followed them there, beat them up and smashed their
vehicle.

No arrests were made.

(16) AFORD supporters vandalised Chenda Supermarket in Mzuzu. After
the UDF won the 1999 presidential and parliamentary elections, its
supporters in the north were celebrating and in the process they
broke into AFORD offices, Chenda Mkandawire was present during the
victory march. His superette was broken into and goods vandalised in
retaliation. No arrests have yet been made.

(17) In Ndirande, Blantyre UDF Young Democrats who tried to disrupt a
rally organised by MAFUNDE were chased away and beaten by supporters
of the party.

No arrests were made.

(18) In Chilobwe, Blantyre MAFUNDE followers beat up and injured some
UDF Young Democrats who tried to stop them from erecting a podium for
their rally. No arrests were made.

(19) The interim chairman of MAFUNDE was assaulted by alleged UDF
roughnecks at his offices. No arrests were made.

(20) In Mulanje, a UDF constituency governor died after he was
stabbed by alleged NDA followers. According to media reports, UDF
Young Democrats abducted two NDA followers. NDA claimed that they
reported the incident to the police but no action was taken. They
then took it upon themselves to rescue their colleagues and in the
process stabbed the constituency governor, who died in hospital
later. Three NDA followers were arrested.

CONCLUSION These are but a few of the cases, but only a compilation
of a cross section of the numerous cases that I could remember. Going
through the list, three deaths have been recorded so far.

From the 20 cases of violence recorded, here are some points worth
taking note of: i) 16 cases were initiated by UDF Young Democrats ii)
Blantyre recorded six incidents of political violence, Kasungu five,
Mzuzu and Lilongwe both had three, and Mulanje, Chiradzulu and
Liwonde had one case each.

iii) Malawi Congress Party was behind two incidents.

iv) AFORD initiated two incidents.

v) Six assaults occurred in front of police offices with no arrests
being made.

viii) Three cars were burnt ix) One chief was assaulted x). Two
Moslem sheikhs and a CCAP reverend were assaulted and, xi) So far,
more than 6 people have been arrested from NDA.

The above information and statistics is vital for the Attorney
General to make his decision as to which political party or
association has objectives that include, to wage war, kill or injure
persons, destroy property or promote subversion.

The Attorney General, in dispensing his section 64 of the Penal Code
vaccine, must start with the chronically ill.

He must also remember that the president has never condemned any acts
of political violence when the opposition were on the receiving end
and him doing so now has to be questioned. Phoya's reaction to
Muluzi's tirade now, although appropriate, comes too late and for the
wrong reasons.

Why should we always play at politics, especially when circumstances
suit us?

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